Advice for CCJ Re-determination Hearing

[Maverick1103]

Hi all,

This is my first post so please bear with me.

Here's an overview of my circumstance: I have several creditors 14 to be exact) with an overall debt of approx 23k, In May 2017 I went through a separation with my ex (not married but have two kids) and moved in with a friend. I then agreed with all my creditor's low payments, mostly token payments, whilst I saved up the fees to go bankrupt as I believe this is my best way forward. I've recently in the last week moved in with my partner who does not work and we are just completing a combined I&E, we do need to get all the figures regarding her benefits and once completed my plan is after 1/2 months to file Bankrupt as I have the money now but need to ensure it's sustainable.

Now onto the reason I came here, in January 2017 I received a CCJ for an old loan with Lloyds TSB, which I thought would no longer be enforceable as it no longer appeared on my credit file, I wasn't ignoring it I was just trying to deal with my newest debt at the time which had escalated; I was previously paying Westcott £10 a month for this loan until I couldn't afford to pay them, I think the last payment to them was about 18 months ago.
I completed the N9a form and acknowledged the debt and sent my I&E to the court offering a token payment of £1, they accepted it and I've been paying Restons since. In August I received another letter about a transfer of the debt (terminology not exact) from my local county court, I spoke to Cabot Finances and they told me that this letter states that the ownership is coming back to themselves and Restons will be in touch.

Last week I received a letter from my local court for a hearing date for a redetermination, which is just under 3 weeks time, in light of my above circumstances do I need to attend the court hearing, if so what do I need to do? As stated I'm currently making the token payment to them and have done since the CCJ was issued, obviously, Restons want more money from me, which I cannot afford.

Any advice will be appreciated.

[Amethyst]

Re: Advice for CCJ Re-determination Hearing

Restons will have been acting on Cabots behalf, so the letter will be telling you that they are no longer acting for Cabot ?? You should have received a notice of change of solicitors from Cabot/the court - as it sounds like Cabot have applied for the redetermination hearing and might be looking at enforcement.

How much was this CCJ for ?
Do you own your own home ? ( do you have ownership of the property your ex lives in ?)
Have you taken advice on the bankruptcy option ?
Presumably you are renting with your partner now? Why are you doing a combined income/expenditure sheet? ( would it not be wise to keep your partners finances completely separate to yours ?)
Was the loan originally in just your name?

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

Thanks for the reply.

I've not received a letter about change of solicitors, when I last contacted Cabot in Aug they pointed me towards Restons and when I check my online account with Restons it shows all the info.

The CCJ is for £4440.27 and it was just in my name.
No I don't, always rented, I also do not have any assets over £1k
I spoke to StepChange 12 months ago and they advised it was my best option.
Yes I am renting now, we are doing a combined I&E as that's what StepChange advised, however, I did think it was strange as her finances are nothing to do with mine, we just simply pay bills together.

[EXC]

Re: Advice for CCJ Re-determination Hearing

I spoke to StepChange 12 months ago and they advised it was my best option.

They might well be right but I'll tag [MENTION=48934]Debt Camel[/MENTION] for you. In the meantime could you list the debts you have (amounts, what they were for and who they are currently with)?

[Debt Camel]

Re: Advice for CCJ Re-determination Hearing

Can I just check the nature of this hearing - are you absolutely sure it is not an order to obtain information, see https://www.citizensadvice.org.uk/de...cial-situation.

If it is, then you MUST attend the hearing (or ask for it to be rearranged to a different date) because this is one of the extremely rare situations where you can get sent to prison if you don't!

I am not clear why you have delayed going bankrupt and why you are still not ready if you have the fees. If your partner's only income is benefits, how hard is it to get these numbers? They should be on her bank statements. It will make little difference if they are out by a bit, you can always get them changed later by telling the Official Receiver's office that will be dealing with your case.

If you are working and your partner's only income is benefits, it is usually to your advantage to supply her income details as your income is presumably higher than hers is so you will be allowed to pay a larger share of the household bills.

If you have the money for bankruptcy fees saved up, I strongly suggest you start a bankruptcy application now and deposit the money for the fees, see https://debtcamel.co.uk/pay-bankruptcy-fees/, so it is not sitting in your bank account come the court hearing date.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

[MENTION=332]EXC[/MENTION] see attached.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

I don't know if it's an order for more information, I'll check the letter once I get home and upload the letter.

I couldn't do it until I had the funds, which I've only got together the last month, I also knew I'd be moving in with my partner so believed that I'd need to know my outgoings before going ahead. Her benefits would drop once I move in so it was something I didn't know beforehand.

Yes I've been told that my share of the household bills can be higher due to me working and her not, I will be running my I&E past StepChange to ensure the ratio is fair.

Good point about paying the fees.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

Here is a copy of the letter [MENTION=48934]Debt Camel[/MENTION]

[Debt Camel]

Re: Advice for CCJ Re-determination Hearing

ok that doesn't look like an order for more information so it's not as scary.

I still suggest you should attend, if something happens to delay you going bankrupt it's better to have this CCJ dealt with at an affordable rate than then have to deal with bailiffs etc.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

I see, that's a bit more of a relief to read then.

I will attend anyway and will call Restons tomorrow for more information regarding this letter.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

I called Reston's who funnily enough advised I did not need to attend the hearing, Step Change advised the same as you [MENTION=48934]Debt Camel[/MENTION], so I'll attend with a new I&E.

Thanks for the advice all.

[Amethyst]

Re: Advice for CCJ Re-determination Hearing

If you can get a new IE drawn up with Stepchange or with Citizens Advice before the hearing to take with you that would be good, to show how much available you have pro-rata for this debt. You can just do your own of course, it just may hold more weight if you have it done with a formal debt advice agency. And take any evidence you have to back up your figures, might not be needed, but just in case there's any question.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

That is my plan [MENTION=6]Amethyst[/MENTION] I thought it's likely to hold my weight if I complete it with a company like StepChange etc. StepChange stated all I need to take is just my I&E sheet and the documentation they provide, however, I plan to go in with other documents from creditors as well.

[Amethyst]

Re: Advice for CCJ Re-determination Hearing

I always think it's best to take too much, than too little.

I didn't take in evidence of all payments I'd made on a CCJ order once, assuming people didn't blatantly lie to a court... ha ... and ended up with a charging order due to ''missing a payment''.

[Maverick1103]

Re: Advice for CCJ Re-determination Hearing

Agreed.

Oh wow really, well I'm hoping that the information that currently is displayed on my online account with my creditor will be sufficient info as I've changed banks 3 times over the last 12 months, therefore, cannot print statements out and those banks will no doubt take some time to provide the info to me in time for this hearing.